Georgia Commons

Official Code of Georgia Annotated

Title 16. CRIMES AND OFFENSES · Chapter 1. GENERAL PROVISIONS

16-1-3. Definitions.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. As used in this title, the term:

  2. (1)

    “Affirmative defense” means, with respect to any affirmative defense authorized in this title, unless the state’s evidence raises the issue invoking the alleged defense, the defendant must present evidence thereon to raise the issue. The enumeration in this title of some affirmative defenses shall not be construed as excluding the existence of others.#

  3. (2)

    “Agency” means:#

    1. (A)

      When used with respect to the state government, any department, commission, committee, authority, board, or bureau thereof; and#

    2. (B)

      When used with respect to any political subdivision of the state government, any department, commission, committee, authority, board, or bureau thereof.#

  4. (3)

    “Another” means a person or persons other than the accused.#

  5. (4)

    “Conviction” includes a final judgment of conviction entered upon a verdict or finding of guilty of a crime or upon a plea of guilty.#

  6. (5)

    “Felony” means a crime punishable by death, by imprisonment for life, or by imprisonment for more than 12 months.#

  7. (6)

    “Forcible felony” means any felony which involves the use or threat of physical force or violence against any person.#

  8. (7)

    “Forcible misdemeanor” means any misdemeanor which involves the use or threat of physical force or violence against any person.#

  9. (8)

    “Government” means the United States, the state, any political subdivision thereof, or any agency of the foregoing.#

  10. (8.1)

    “Law enforcement officer” means:#

    1. (A)

      A peace officer;#

    2. (B)

      Any state or federal law enforcement officer who renders assistance to a law enforcement agency of this state or any political subdivision thereof in response to a declaration of a state of emergency or disaster issued by the Governor pursuant to Code Section 38-3-51;#

    3. (C)

      An appointed chief of police or department head of a law enforcement unit who has not completed the applicable training required by Code Section 35-8-20 or 35-8-20.1 from the date of initial appointment to the date by which such training is to be completed pursuant to the applicable Code section;#

    4. (D)

      An individual certified or commissioned in another state as a law enforcement officer, peace officer, or other official as being authorized to make arrests and carry firearms in the performance of his or her official duties who is employed by a law enforcement agency, enforcement unit, agency, or department of this state or any municipality, county, or other political subdivision thereof but who has not completed the applicable training required by Chapter 8 of Title 35, the “Georgia Peace Officer Standards and Training Act,” provided that such individual’s certification or commission in another state remains in good standing; and#

    5. (E)

      A federal law enforcement officer who is employed by the United States government as a full-time law enforcement officer, is in good standing with his or her federal agency of employment, is authorized to carry a firearm in the performance of his or her official duties, and is empowered to arrest a person for criminal violations of the United States Code; while serving at the request of a Georgia state or local peace officer or to prevent imminent death or bodily harm.#

  11. (9)

    “Misdemeanor” and “misdemeanor of a high and aggravated nature” mean any crime other than a felony.#

  12. (10)

    “Owner” means a person who has a right to possession of property which is superior to that of a person who takes, uses, obtains, or withholds it from him and which the person taking, using, obtaining, or withholding is not privileged to infringe.#

  13. (11)

    “Peace officer” means any person who by virtue of his office or public employment is vested by law with a duty to maintain public order or to make arrests for offenses, whether that duty extends to all crimes or is limited to specific offenses.#

  14. (12)

    “Person” means an individual, a public or private corporation, an incorporated association, government, government agency, partnership, or unincorporated association.#

  15. (13)

    “Property” means anything of value, including but not limited to real estate, tangible and intangible personal property, contract rights, services, choses in action, and other interests in or claims to wealth, admission or transportation tickets, captured or domestic animals, food and drink, and electric or other power.#

  16. (14)

    “Prosecution” means all legal proceedings by which a person’s liability for a crime is determined, commencing with the return of the indictment or the filing of the accusation, and including the final disposition of the case upon appeal.#

  17. (15)

    “Public place” means any place where the conduct involved may reasonably be expected to be viewed by people other than members of the actor’s family or household.#

  18. (16)

    “Reasonable belief” means that the person concerned, acting as a reasonable man, believes that the described facts exist.#

  19. (17)

    “State” means the State of Georgia, all land and water in respect to which this state has either exclusive or concurrent jurisdiction, and the airspace above such land and water.#

  20. (18)

    “Without authority” means without legal right or privilege or without permission of a person legally entitled to withhold the right.#

  21. (19)

    “Without his consent” means that a person whose concurrence is required has not, with knowledge of the essential facts, voluntarily yielded to the proposal of the accused or of another.#

Reading note: a word broken across two lines in the printed volume was joined by rule and could not be checked against the volume's own vocabulary. The official page linked below settles any doubt.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Laws 1833, Cobb’s 1851 Digest, p. 780.; Code 1863, § 6; Code 1868, § 5; Code 1873, § 5; Code 1882, § 5; Penal Code 1895, § 2; Penal Code 1910, § 2; Code 1933, § 26-101; Code 1933, § 26-401, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1970, p. 236, § 1; Ga. L. 1973, p. 292, § 3; Ga. L. 1982, p. 3, § 16; Ga. L. 2025, p. 580, § 2/SB 99, effective July 1, 2025.

Amendments

The 2025 amendment, effective July 1, 2025, added paragraph (8.1).

Editor's notes

Ga. L. 2025, p. 580, § 1/SB 99, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Law Enforcement Partners Act.’”

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t16-ch1-6-(v14)-pdf.pdf, Volume V14, 2019 edition, 2025 supplement, pages 6 to 8; merge action: replaced; file SHA-256 575f9121d25f.

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